NostalgiaConventions.com, LLC v. Colossus Con et al

Filing 44

STIPULATION AND ORDER re 42 Stipulated Protective Order filed by NostalgiaConventions.com, LLC. Signed by Judge Edward M. Chen on 7/19/17. (bpfS, COURT STAFF) (Filed on 7/20/2017)

1
2
3
4
5
6
7
8
9

KRONENBERGER ROSENFELD, LLP
Karl S. Kronenberger (Bar No. 226112)
Jeffrey M. Rosenfeld (Bar No. 222187)
Liana W. Chen (Bar No. 296965)
150 Post Street, Suite 520
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff NostalgiaConventions.com, LLC
dba Colossalcon

10
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

11
12
13
14

NOSTALGIACONVENTIONS.COM, LLC,
an Ohio limited liability company dba
COLOSSALCON,

15
16

Plaintiff,

Case No. 3:17-cv-00695-EMC

STIPULATED PROTECTIVE ORDER
& [PROPOSED] ORDER

v.

17
18
19
20
21
22
23

COLOSSUS CON aka COLOSSUS POP
CULTURE EXPO & COMIC CON aka
COLOSSUS POP EXPO, a business
entity of unknown formation;
MARINA LUKYANTSEVA aka MARINA
LUKYANTSEVA-HAWORTH, an individual
dba COLOSSUS CON;
DAVIDSON HAWORTH, an individual dba
COLOSSUS CON,
Defendants.

24
25
26
27
28
Case No. 3:17-cv-00695-EMC

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER

1

The parties to the above-entitled action, to facilitate the exchange of information

2

and documents that may be subject to confidentiality and privacy laws, hereby stipulate

3

as follows:

4

1.

PURPOSES AND LIMITATIONS

5

Disclosure and discovery activity in this action are likely to involve production of

6

confidential, proprietary, or private information for which special protection from public

7

disclosure and from use for any purpose other than prosecuting this litigation may be

8

warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the

9

following Stipulated Protective Order. The parties acknowledge that this Order does not

10

confer blanket protections on all disclosures or responses to discovery and that the

11

protection it affords from public disclosure and use extends only to the limited information

12

or items that are entitled to confidential treatment under the applicable legal principles.

13

The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated

14

Protective Order does not entitle them to file confidential information under seal; Civil

15

Local Rule 79-5 sets forth the procedures that must be followed and the standards that

16

will be applied when a party seeks permission from the court to file material under seal.

17

This Stipulated Protective Order is fully binding as an agreement between the parties

18

regardless of whether the Court enters a formal Order.

19

2.

20
21
22

DEFINITIONS
2.1

Challenging Party: a Party or Non-Party that challenges the designation of

information or items under this Order.
2.2

“CONFIDENTIAL” Information or Items: information (regardless of how it is

23

generated, stored or maintained) or tangible things that qualify for protection under

24

Federal Rule of Civil Procedure 26(c).

25
26
27
28

2.3

Counsel (without qualifier): Outside Counsel of Record and House Counsel

(as well as their support staff) as well as pro se parties.
2.4

Designating Party: a Party or Non-Party that designates information or

items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
Case No. 3:17-cv-00695-EMC

1

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER

1

2.5

Disclosure or Discovery Material: all items or information, regardless of the

2

medium or manner in which it is generated, stored, or maintained (including, among

3

other things, testimony, transcripts, and tangible things), that are produced or generated

4

in disclosures or responses to discovery in this matter.

5

2.6

Expert: a person with specialized knowledge or experience in a matter

6

pertinent to the litigation who has been retained by a Party or its counsel to serve as an

7

expert witness or as a consultant in this action.

8
9
10
11
12
13

2.7

House Counsel: attorneys who are employees of a party to this action.

House Counsel does not include Outside Counsel of Record or any other outside
counsel.
2.8

Non-Party: any natural person, partnership, corporation, association, or

other legal entity not named as a Party to this action.
2.9

Outside Counsel of Record: attorneys who are not employees of a party to

14

this action but are retained to represent or advise a party to this action and have

15

appeared in this action on behalf of that party or are affiliated with a law firm which has

16

appeared on behalf of that party as well as pro se parties.

17

2.10

Party: any party to this action, including all of its officers, directors,

18

employees, consultants, retained experts, and Outside Counsel of Record (and their

19

support staffs).

20
21
22

2.11

Producing Party: a Party or Non-Party that produces Disclosure or

Discovery Material in this action.
2.12

Professional Vendors: persons or entities that provide litigation support

23

services

24

demonstrations, and organizing, storing, or retrieving data in any form or medium) and

25

their employees and subcontractors.

26
27
28

(e.g.,

2.13

photocopying,

videotaping,

translating,

preparing

exhibits

or

Protected Material: any Disclosure or Discovery Material that is designated

as “CONFIDENTIAL.”
2.14

Receiving Party: a Party that receives Disclosure or Discovery Material

Case No. 3:17-cv-00695-EMC

2

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER

1

from a Producing Party.

2

3.

SCOPE

3

The protections conferred by this Stipulation and Order cover not only Protected

4

Material (as defined above), but also (1) any information copied or extracted from

5

Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

6

Material; and (3) any testimony, conversations, or presentations by Parties or their

7

Counsel that might reveal Protected Material. However, the protections conferred by this

8

Stipulation and Order do not cover the following information: (a) any information that is in

9

the public domain at the time of disclosure to a Receiving Party or becomes part of the

10

public domain after its disclosure to a Receiving Party as a result of publication not

11

involving a violation of this Order, including becoming part of the public record through

12

trial or otherwise; and (b) any information known to the Receiving Party prior to the

13

disclosure or obtained by the Receiving Party after the disclosure from a source who

14

obtained the information lawfully and under no obligation of confidentiality to the

15

Designating Party. Any use of Protected Material at trial shall be governed by a separate

16

agreement or order.

17

4.

DURATION

18

This Stipulated Protective Order is fully binding as an agreement between the

19

parties regardless of whether the Court enters a formal Order. Even after final disposition

20

of this litigation, the confidentiality obligations imposed by this Order shall remain in

21

effect until a Designating Party agrees otherwise in writing or a court order otherwise

22

directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and

23

defenses in this action, with or without prejudice; and (2) final judgment herein after the

24

completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this

25

action, including the time limits for filing any motions or applications for extension of time

26

pursuant to applicable law.

27

//

28

//
Case No. 3:17-cv-00695-EMC

3

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER

1

5.

DESIGNATING PROTECTED MATERIAL

2

5.1

Exercise of Restraint and Care in Designating Material for Protection.

3

Each Party or Non-Party that designates information or items for protection under

4

this Order must take care to limit any such designation to specific material that qualifies

5

under the appropriate standards. The Designating Party must designate for protection

6

only those parts of material, documents, items, or oral or written communications that

7

qualify – so that other portions of the material, documents, items, or communications for

8

which protection is not warranted are not swept unjustifiably within the ambit of this

9

Order.

10

Mass, indiscriminate, or routinized designations are prohibited. Designations that

11

are shown to be clearly unjustified or that have been made for an improper purpose

12

(e.g., to unnecessarily encumber or retard the case development process or to impose

13

unnecessary expenses and burdens on other parties) expose the Designating Party to

14

sanctions.

15

If it comes to a Designating Party’s attention that information or items that it

16

designated for protection do not qualify for protection, that Designating Party must

17

promptly notify all other Parties that it is withdrawing the mistaken designation.

18

5.2

19

Except as otherwise provided in this Order (see, e.g., second paragraph of

20

section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery

21

Material that qualifies for protection under this Order must be clearly so designated

22

before the material is disclosed or produced.

Manner and Timing of Designations.

23

Designation in conformity with this Order requires:

24

(a) For information in documentary form (e.g., paper or electronic documents, but

25

excluding transcripts of depositions or other pretrial or trial proceedings), that the

26

Producing Party affix the legend “CONFIDENTIAL” to each page that contains protected

27

material. If only a portion or portions of the material on a page qualifies for protection, the

28

Producing Party also must clearly identify the protected portion(s) (e.g., by making
Case No. 3:17-cv-00695-EMC

4

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER

1

appropriate markings in the margins).

2

A Party or Non-Party that makes original documents or materials available for

3

inspection need not designate them for protection until after the inspecting Party has

4

indicated which material it would like copied and produced. During the inspection and

5

before the designation, all of the material made available for inspection shall be deemed

6

“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

7

copied and produced, the Producing Party must determine which documents, or portions

8

thereof, qualify for protection under this Order. Then, before producing the specified

9

documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page

10

that contains Protected Material. If only a portion or portions of the material on a page

11

qualifies for protection, the Producing Party also must clearly identify the protected

12

portion(s) (e.g., by making appropriate markings in the margins).

13

(b) For testimony given in deposition or in other pretrial or trial proceedings, that

14

the Designating Party identify on the record, before the close of the deposition, hearing,

15

or other proceeding, all protected testimony.

16

(c) For information produced in some form other than documentary and for any

17

other tangible items, that the Producing Party affix in a prominent place on the exterior of

18

the container or containers in which the information or item is stored the legend

19

“CONFIDENTIAL.” If only a portion or portions of the information or item warrant

20

protection, the Producing Party, to the extent practicable, shall identify the protected

21

portion(s).

22

5.3

23

If timely corrected, an inadvertent failure to designate qualified information or

24

items does not, standing alone, waive the Designating Party’s right to secure protection

25

under this Order for such material. Upon timely correction of a designation, the Receiving

26

Party must make reasonable efforts to assure that the material is treated in accordance

27

with the provisions of this Order.

28

//

Inadvertent Failures to Designate.

Case No. 3:17-cv-00695-EMC

5

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER

1

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

2

6.1

3

Any Party or Non-Party may challenge a designation of confidentiality at any time.

4

Unless a prompt challenge to a Designating Party’s confidentiality designation is

5

necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens,

6

or a significant disruption or delay of the litigation, a Party does not waive its right to

7

challenge a confidentiality designation by electing not to mount a challenge promptly

8

after the original designation is disclosed.

9

6.2

Timing of Challenges.

Meet and Confer.

10

The Challenging Party shall initiate the dispute resolution process by providing

11

written notice of each designation it is challenging and describing the basis for each

12

challenge. To avoid ambiguity as to whether a challenge has been made, the written

13

notice must recite that the challenge to confidentiality is being made in accordance with

14

this specific paragraph of the Protective Order. The parties shall attempt to resolve each

15

challenge in good faith and must begin the process by conferring directly (in voice to

16

voice dialogue; other forms of communication are not sufficient) within 14 days of the

17

date of service of notice. In conferring, the Challenging Party must explain the basis for

18

its belief that the confidentiality designation was not proper and must give the

19

Designating Party an opportunity to review the designated material, to reconsider the

20

circumstances, and, if no change in designation is offered, to explain the basis for the

21

chosen designation. A Challenging Party may proceed to the next stage of the challenge

22

process only if it has engaged in this meet and confer process first or establishes that the

23

Designating Party is unwilling to participate in the meet and confer process in a timely

24

manner.

25

6.3

Judicial Intervention.

26

If the Parties cannot resolve a challenge without court intervention, the

27

Designating Party shall file and serve a motion to retain confidentiality under Civil Local

28

Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of the
Case No. 3:17-cv-00695-EMC

6

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER

1

initial notice of challenge or within 14 days of the parties agreeing that the meet and

2

confer process will not resolve their dispute, whichever is earlier. Each such motion must

3

be accompanied by a competent declaration affirming that the movant has complied with

4

the meet and confer requirements imposed in the preceding paragraph. Failure by the

5

Designating Party to make such a motion including the required declaration within 21

6

days (or 14 days, if applicable) shall automatically waive the confidentiality designation

7

for each challenged designation. In addition, the Challenging Party may file a motion

8

challenging a confidentiality designation at any time if there is good cause for doing so,

9

including a challenge to the designation of a deposition transcript or any portions thereof.

10

Any motion brought pursuant to this provision must be accompanied by a competent

11

declaration affirming that the movant has complied with the meet and confer

12

requirements imposed by the preceding paragraph.

13

The burden of persuasion in any such challenge proceeding shall be on the

14

Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,

15

to harass or impose unnecessary expenses and burdens on other parties) may expose

16

the Challenging Party to sanctions. Unless the Designating Party has waived the

17

confidentiality designation by failing to file a motion to retain confidentiality as described

18

above, all parties shall continue to afford the material in question the level of protection

19

to which it is entitled under the Producing Party’s designation until the court rules on the

20

challenge.

21

7.

ACCESS TO AND USE OF PROTECTED MATERIAL

22

7.1

Basic Principles.

23

A Receiving Party may use Protected Material that is disclosed or produced by

24

another Party or by a Non-Party in connection with this case only for prosecuting,

25

defending, or attempting to settle this litigation. Such Protected Material may be

26

disclosed only to the categories of persons and under the conditions described in this

27

Order. When the litigation has been terminated, a Receiving Party must comply with the

28

provisions of section 13 below (FINAL DISPOSITION).
Case No. 3:17-cv-00695-EMC

7

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER

1

Protected Material must be stored and maintained by a Receiving Party at a

2

location and in a secure manner that ensures that access is limited to the persons

3

authorized under this Order.

4

7.2

Disclosure of “CONFIDENTIAL” Information or Items.

5

Unless otherwise ordered by the court or permitted in writing by the Designating

6

Party, a Receiving Party may disclose any information or item designated

7

“CONFIDENTIAL” only to:

8

(a) the Receiving Party’s Outside Counsel of Record in this action, as well as

9

employees of said Outside Counsel of Record to whom it is reasonably necessary to

10

disclose the information for this litigation and who have signed the “Acknowledgment and

11

Agreement to Be Bound” that is attached hereto as Exhibit A;

12

(b) the officers, directors, and employees (including House Counsel) of the

13

Receiving Party to whom disclosure is reasonably necessary for this litigation and who

14

have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

15

(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is

16

reasonably necessary for this litigation and who have signed the “Acknowledgment and

17

Agreement to Be Bound” (Exhibit A);

18

(d) the court and its personnel;

19

(e) court reporters and their staff, professional jury or trial consultants, mock

20

jurors, and Professional Vendors to whom disclosure is reasonably necessary for this

21

litigation and who have signed the “Acknowledgment and Agreement to Be Bound”

22

(Exhibit A);

23

(f) during their depositions, witnesses in the action to whom disclosure is

24

reasonably necessary and who have signed the “Acknowledgment and Agreement to Be

25

Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the

26

court. Pages of transcribed deposition testimony or exhibits to depositions that reveal

27

Protected Material must be separately bound by the court reporter and may not be

28

disclosed to anyone except as permitted under this Stipulated Protective Order; and
Case No. 3:17-cv-00695-EMC

8

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER

1

(g) the author or recipient of a document containing the information or a custodian

2

or other person who otherwise possessed or knew the information.

3

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

4

OTHER LITIGATION

5

If a Party is served with a subpoena or a court order issued in other litigation that

6

compels disclosure of any information or items designated in this action as

7

“CONFIDENTIAL,” that Party must:

8
9

(a) promptly notify in writing the Designating Party. Such notification shall include
a copy of the subpoena or court order;

10

(b) promptly notify in writing the party who caused the subpoena or order to issue

11

in the other litigation that some or all of the material covered by the subpoena or order is

12

subject to this Protective Order. Such notification shall include a copy of this Stipulated

13

Protective Order; and

14
15

(c) cooperate with respect to all reasonable procedures sought to be pursued by
the Designating Party whose Protected Material may be affected.

16

If the Designating Party timely seeks a protective order, the Party served with the

17

subpoena or court order shall not produce any information designated in this action as

18

“CONFIDENTIAL” before a determination by the court from which the subpoena or order

19

issued, unless the Party has obtained the Designating Party’s permission. The

20

Designating Party shall bear the burden and expense of seeking protection in that court

21

of its confidential material – and nothing in these provisions should be construed as

22

authorizing or encouraging a Receiving Party in this action to disobey a lawful directive

23

from another court.

24

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN

25

THIS LITIGATION

26

(a) The terms of this Order are applicable to information produced by a Non-Party

27

in this action and designated as “CONFIDENTIAL.” Such information produced by Non-

28

Parties in connection with this litigation is protected by the remedies and relief provided
Case No. 3:17-cv-00695-EMC

9

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER

1

by this Order. Nothing in these provisions should be construed as prohibiting a Non-

2

Party from seeking additional protections.

3

(b) In the event that a Party is required, by a valid discovery request, to produce a

4

Non-Party’s confidential information in its possession, and the Party is subject to an

5

agreement with the Non-Party not to produce the Non-Party’s confidential information,

6

then the Party shall:

7

(1) promptly notify in writing the Requesting Party and the Non-Party that

8

some or all of the information requested is subject to a confidentiality agreement with a

9

Non-Party;

10

(2) promptly provide the Non-Party with a copy of the Stipulated Protective

11

Order in this litigation, the relevant discovery request(s), and a reasonably specific

12

description of the information requested; and

13
14

(3) make the information requested available for inspection by the NonParty.

15

(c) If the Non-Party fails to object or seek a protective order from this court within

16

14 days of receiving the notice and accompanying information, the Receiving Party may

17

produce the Non-Party’s confidential information responsive to the discovery request. If

18

the Non-Party timely seeks a protective order, the Receiving Party shall not produce any

19

information in its possession or control that is subject to the confidentiality agreement

20

with the Non-Party before a determination by the court. Absent a court order to the

21

contrary, the Non-Party shall bear the burden and expense of seeking protection in this

22

court of its Protected Material.

23

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

24

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

25

Protected Material to any person or in any circumstance not authorized under this

26

Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the

27

Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all

28

unauthorized copies of the Protected Material, (c) inform the person or persons to whom
Case No. 3:17-cv-00695-EMC

10

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER

1

unauthorized disclosures were made of all the terms of this Order, and (d) request such

2

person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is

3

attached hereto as Exhibit A.

4

11.

INADVERTENT

PRODUCTION

OF

PRIVILEGED

OR

OTHERWISE

5

PROTECTED MATERIAL

6

When a Producing Party gives notice to Receiving Parties that certain

7

inadvertently produced material is subject to a claim of privilege or other protection, the

8

obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure

9

26(b)(5)(B). This provision is not intended to modify whatever procedure may be

10

established in an e-discovery order that provides for production without prior privilege

11

review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach

12

an agreement on the effect of disclosure of a communication or information covered by

13

the attorney-client privilege or work product protection, the parties may incorporate their

14

agreement in the stipulated protective order submitted to the court.

15

12.

MISCELLANEOUS

16

12.1

17

Nothing in this Order abridges the right of any person to seek its modification by

18

Right to Further Relief.

the court in the future.

19

12.2

20

By stipulating to the entry of this Protective Order no Party waives any right it

21

otherwise would have to object to disclosing or producing any information or item on any

22

ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any

23

right to object on any ground to use in evidence of any of the material covered by this

24

Protective Order.

25

12.3

26

Without written permission from the Designating Party or a court order secured

27

after appropriate notice to all interested persons, a Party may not file in the public record

28

in this action any Protected Material. A Party that seeks to file under seal any Protected

Right to Assert Other Objections.

Filing Protected Material.

Case No. 3:17-cv-00695-EMC

11

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER

1

Material must comply with Civil Local Rule 79-5. Protected Material may only be filed

2

under seal pursuant to a court order authorizing the sealing of the specific Protected

3

Material at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a

4

request establishing that the Protected Material at issue is privileged, protectable as a

5

trade secret, or otherwise entitled to protection under the law. If a Receiving Party's

6

request to file Protected Material under seal pursuant to Civil Local Rule 79-5(d) is

7

denied by the court, then the Receiving Party may file the information in the public record

8

pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by the court.

9

13.

FINAL DISPOSITION

10

Within 60 days after the final disposition of this action, as defined in paragraph 4,

11

each Receiving Party must return all Protected Material to the Producing Party or destroy

12

such material. As used in this subdivision, “all Protected Material” includes all copies,

13

abstracts, compilations, summaries, and any other format reproducing or capturing any

14

of the Protected Material. Whether the Protected Material is returned or destroyed, the

15

Receiving Party must submit a written certification to the Producing Party (and, if not the

16

same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

17

(by category, where appropriate) all the Protected Material that was returned or

18

destroyed and (2) affirms that the Receiving Party has not retained any copies,

19

abstracts, compilations, summaries or any other format reproducing or capturing any of

20

the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

21

archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

22

legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney

23

work product, and consultant and expert work product, even if such materials contain

24

Protected Material. Any such archival copies that contain or constitute Protected Material

25

remain subject to this Protective Order as set forth in Section 4 (DURATION).

26
27

//

28

//
Case No. 3:17-cv-00695-EMC

12

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER

1

IT IS SO STIPULATED.

2

Dated: July 18, 2017

3

KRONENBERGER ROSENFELD, LLP
By: s/Liana W. Chen
Liana W. Chen

4

Attorneys for Plaintiff

5
6
7

Dated: July 18, 2017

DAVIDSON HAWORTH
By: s/Davidson Haworth

8

Defendant Pro Per

9
10
11

Dated: July 18, 2017

MARINA LUKYANTSEVA

12

By: s/Marina Lukyantseva

13

Defendant Pro Per

14
15

ATTESTATION OF CONCURRENCE IN FILING

16

Pursuant to Local Rule 5-1(i)(3), the filer hereby attests that concurrence in the

17

filing of this document has been obtained from each of the other signatories, which shall

18

serve in lieu of their signatures on the document.
_____s/Liana

W. Chen______
Liana W. Chen

19
20
21
22
23
24
25
26
27
28
Case No. 3:17-cv-00695-EMC

13

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER

1

[PROPOSED] ORDER

2

Pursuant to the Parties’ Stipulation and for good cause appearing,

3

IT IS HEREBY ORDERED that the Parties’ Stipulated Protective Order is adopted

ER

H

11

dwar
Judge E

12

FO

RT

10

en

d M. Ch

NO

9

OO

IT IS S

LI

8

R NIA

July 19, 2017
DATED: ______________________ _____________________________________
United States District ERED
RD Judge

A

7

S DISTRICT
TE
C
TA

RT
U
O

6

IT IS SO ORDERED.

S

5

as an Order of this Court.

UNIT
ED

4

N

F
D IS T IC T O
R

C

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 3:17-cv-00695-EMC

14

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I,

___________________________

[print

or

type

full

name],

of

4

_____________________________________ [print or type full address], declare under

5

penalty of perjury that I have read in its entirety and understand the Stipulated Protective

6

Order that was issued by the United States District Court for the Northern District of

7

California on ________________ [date] in the case of NostalgiaConventions v. Colossus

8

Con, et al., Case No. 3:17-cv-00695-EMC.

9

I agree to comply with and to be bound by all the terms of this Stipulated Protective

10

Order and I understand and acknowledge that failure to so comply could expose me to

11

sanctions and punishment in the nature of contempt. I solemnly promise that I will not

12

disclose in any manner any information or item that is subject to this Stipulated Protective

13

Order to any person or entity except in strict compliance with the provisions of this Order.

14

I further agree to submit to the jurisdiction of the United States District Court for the

15

Northern District of California for the purpose of enforcing the terms of this Stipulated

16

Protective Order, even if such enforcement proceedings occur after termination of this

17

action.

18

I hereby appoint __________________________ [print or type full name] of

19

___________________________________________ [print or type full address and

20

telephone number] as my California agent for service of process in connection with this

21

action or any proceedings related to enforcement of this Stipulated Protective Order.

22
23

Date: ________________

24

City and State Where Sworn and Signed: _______________________________

25

Printed Name: _______________________________

26

Signature: _______________________________

27
28
Case No. 3:17-cv-00695-EMC

15

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER